Hinduism is a patriarchal religion, but it is ridiculous to say women
there have no rights or were constantly oppressed. Unfortunately most foreigners
seem to associate Hindu women with Sati and non-remarriage of widows and many
Hindus remain unaware of what their own scriptures said. Yet, it is very easy
to trace how restriction on women tightened until they became oppressive. So
I decided to put down aspects of women in Hindu religious texts that I find
personally fascinating. If anyone has hyper - sensitive moral antennae or is
over-civilized please go away.

Polyandry in early Hindu society.
Eight types of Hindu marriages.
Twelve types of son in Hinduism.
Child-Marriage.

POLYANDRY IN EARLY HINDU SOCIETY.

In Vedic society marriage was naturally a matter of supreme importance,
but there does not seem to be any fixed rules regarding it. Though monogamy
no doubt existed, the society was polygamous. The Vedas contain prayers to defeat
rival co-wives and place the husband under the speaker's control. But evidence
indicates that polyandry was also common. Many scholars in the past, both Indians
and Europeans, have been reluctant to accept this, and consequently they sometimes
translated the plural form as the singular. However, more proper translations
show that there is enough indication of polyandry. The first evidence lies in
the metaphors used. Three images stand out. Surya, daughter of sungod, is constantly
described as the bride of twin Asvins. Rigveda, I, 116, 17 declares that they
competed in a divine chariot race for her hand and both won her. Elsewhere (I,
119, 5) says, "The virgin Surya after being won, out of friendship declared
"Thou (plural form is used in the original) are my husbands" and elected
you as her lords". Another verse says that she had another husband, Soma,
and Aswins were also her husbands at the same ceremony (X, 85, 9-15). Even if
they are only metaphors of natural forces --- as they often are --- the poets
wouldnot have introduced such a reference in sacred writings if it was not practiced
among mankind as well. The Maruts or stormgods are said to have one wife Rodasi,
their 'common wife'. Rodasi tends to the Maruts in order to be united sexually
with them. She mounts their chariot and hastens with them to come to the sacrificial
altar. It is clearly stated that she is their joint wife. (I, 167, 4-8). Though
it is said that Maruts are storm clouds and Rodasi lightning, there is no reason
for the poet to call her their common bride and them her husbands, when sister
or daughter would have been an equally descriptive term. Instead the term is
'sadharani' or common wife. Similarly, VII, 33, 11 hail the sage Vasistha as
the son of both Mitra and Varuna from Urvasi. He thus has two fathers but one
mother. This of course, can be explained as another metaphor, but it shows that
this was not thought to be something shameful.

The above references, could be explained as metaphors. However in many
of the verses, the reference is explicit. The marriage hymn , Rigveda X, 85,37-38
says: "O Pusha [sungod]! The woman in whose womb men plant their seeds,
send her as a propitous one. She, ruled by desire yields her body , we embrace
her with desire … you [fire] give the bride with children to husbands."
The verses are explained as declaring that husbands referred to here are the
gods who are guardians of the girl (like guardian angels), but surely the plural
terms used are significant. When we look at Atharva Veda nuptial hymns, we see
the same thing. In Atharvaveda, XIV, 1:44, the bride is being blessed thus,
"Be thou supreme among fathers-in-law, supreme also among brothers-in-laws;
be thou supreme over sister-in-law, supreme also over mother-in-law". Again,
XIV, 1: 46 declares, "Joy to the husbands embracing the wife". There
are several other mentions of Fathers in this context, but they can have other
meanings. However these two verses are certainly proof of polyandry. Both Taiterya
Samhita and Aitarya Brahmana (later portions of the Vedas) forbid polyandry;
they declare that a man can have more than one wife but a woman cannot have
more than one husband. Obviously such a regulation would not have to be passed
if the practice was unknown.

Polyandry can also explain why in later ages, the younger brother-in-law
was considered to be the proper husband for a widow. The very term for a younger
brother-in-law is 'devar' --- meaning second husband. This could either refer
to the fact that through marriage of the elder brother all brothers became married
at once, or that he automatically inherited the post of husband as his closest
kin, if the elder died.

If we accept that polyandry was practiced in early Indian society then,
it explains the only concrete example of it ---Draupadi's marriage in the epic
Mahabharata. The incidents of the epic takes place considerably later than the
Vedic period, when civilization had settled down and wealthy and powerful kingdoms
have appeared. Naturally restrictions on women have also tightened. Kunti the
mother of Pandavas, had abandoned her first-born because he was illegitimate.
Yet, Yuddhistir, her eldest Pandava son, decides that all five brothers shall
marry Draupadi. At first Draupadi's father refuses saying that while a man can
have many wives, it has never been known for a woman to have many husbands.
At this Yuddhistir gives examples from the past: Jatila had married seven sages
and Barkhi had been the wife of ten brothers. The marriage duly takes place
and Draupadi becomes the wife of all. There was no reason for Yuddhistir to
have made such a suggestion unless it was already known. Similarly, society
at large would never have accepted it --- though the enemies of the Pandavas
mockingly call her no better than a courtesan --- unless it was an established
custom. We are told that all people of the city including the Brahmins happily
attended the wedding and Vedic rites were performed. Interestingly, the wedding
rite takes place with only Yuddhistir, the eldest brother . Nevertheless, she
became the legal wife of the younger brothers as well. Thus her brother-in-laws
truly became her 'devars' or second husbands. Evidently during this epic period
polyandry was disappearing due to disapproval of patriarchy, but it was still
known and grudgingly accepted.

EIGHT TYPES OF HINDU MARRIAGES.

Concurrent with the epic period, we enter the period of Dharmashastras
or sacred lawbooks. These Shastras are not as holy as Vedic literature and here
dharma means not 'religion' so much, but the dos and don'ts of society. It is
not that they give new laws, they simply codify what was in usage, try to fill
up some gaps and thereby grant the laws scriptural authority. They are considered
to be location and time-specific and so can be ignored, whereas Vedic literature
and the two epics are eternal. Many of them --- particularly the most famous
one, called Manusamhita, --- had been edited over time, so that it is hard to
fix their chronology or get an entirely accurate picture. Many Hindus have only
heard about them but regrettably had not read them. One of their most fascinating
features is their classifications of marriages and children. More or less, they
all agree on the following:

1. The gift of a daughter, after decking her with as much costly garments
and jewels as possible, to a learned man of good conduct, whom the father himself
invites, is called the Brahma rite.

2. The gift of a daughter who has been decked with ornaments, to a
priest who duly officiates at a sacrifice, during the course of its performance,
is called the Daiva rite. [here the hope is that by such a marriage the priest's
prayers would be doubly powerful].

3. When the father gives away his daughter according to the rule, after
receiving from the bridegroom according to sacred laws, a cow and a bull or
two pairs of cows, that is named the Arsha rite.

4. When a contract is signed with the husband, and it has been said
[by the bride's father] that "You two shall now practice your [householder's]
duties together" and the daughter is given after the husband had been duly
honoured, then the marriage is known as Pragyapata marriage. [here possibly,
the husband himself sought the girl's hand].

5. When the bridegroom receives a maiden, after having given as much
wealth as he can afford to the kinsmen of the bride, and to the bride herself,
according to his own will, that is called the Asura rite. [here instead of the
husband receiving the dowry, it is the bride and her family who receive it].

6. The voluntary union of a woman and her lover is the Gandharva rite,
which springs from desire and has sexual intercourse for its purpose. [Here,
no rituals or witnesses are necessary; merely the couple exchanging vows is
sufficient].

7. The forcible abduction of a maiden from her home, while she cries
out and weeps, after her kinsmen have been slain or wounded and their houses
broken open, or during war, and subsequent marriage is called the Rakshasa rite.

8. When a man by stealth seduces a girl who is sleeping, intoxicated,
or disordered in intellect, and then marries her, that is the eighth, the most
base and sinful rite of the Pisakas.

From the above laws we see that various kinds of marriages were prevalent
in those days. The first four were called 'dharmavivaha' [holy marriages] since
they had been contracted according to proper sacred rituals with the aim of
procreation. Marriage in these cases is a social and religious contract. The
Asura rite was condemned as nothing other than sale of daughters and it was
strictly forbidden to anyone desirous of escaping hell. The Gandharva or love
marriage is called ordinary or common marriage as contrasted with 'dharmavivaha'.
The most famous example of this type of marriage is the marriage between King
Dushmanta and the forest-dwelling Shakuntala, where it is sealed by their wishes
alone. Here marriage is an intensely personal matter and has nothing to do with
family obligations. Possibly that is why the writers of the shastras did not
wholly approve of it and declared that in case of such a marriage, the bride's
parents are not obliged to give the bride any gifts. The 7th marriage, Rakshasha,
is condemned as barbaric ; however there seems some confusion. Some shastras
declare that it is the only lawful marriage for the warrior-caste while others
argued that it is also 'dharmavivaha' for the warrior-caste. The implication
is obvious. In the distant past, warriors frequently raided other tribes or
cities and carried away women as brides --- the verses sanctifying such marriages
therefore are earlier than other verses which condemn this. Pikasas marriage
is condemned by all. In later ages, the shastras, declared that only the first
six are valid. Their preference is for the first four alone. But they also realized
they cannot control human nature: wealth will lure fathers to give away their
daughters and many daughters would prefer a wealthy suitor to a learned one;
men and women will fall in love and marry in defiance of authority and duty.
There is therefore nothing to do but recognize them and the children born of
these unions.

Though the last two types of marriages were condemned in scriptures,
social reality was otherwise. Kautilya's Arthashastra, (a secular lawbook written
for the administration of the Mauryan empire and later a manual for government
for other Hindu states), recognizes even the last two as legally valid. Marriage
was held to be a sacrament. Some declared that a girl who had been forced was
like a virgin and could be given in marriage to another; but the qualifying
condition was she must be unmarried. A marriage performed with proper ceremonies,
even if the bride was under duress, cannot be dissolved, and additionally provided
legitimacy for children born from such unions. However, Arthashastra does allow
divorce in the case of last four marriages (but not for first four) if both
parties agree to it.

TWELVE TYPES OF SONS

Various categories of children are legitimized and entitled to inheritance
of the 'father's' estate, in the shastras and the epics, which I can confidently
claim had not been sanctioned by any other culture.

1. Him whom a man begets on his own wedded wife, is the son of the
body (Ourasa), the first in rank.

2. He who was begotten according to the law of Niyoga ( when the husband
is dead, impotent, diseased, or missing, the relatives of the wife's or husband's
family, or sometimes the husband himself, would designate someone to make the
wife pregnant) is called a son begotten on a wife (Kshetraga). [this was a very
widespread practice and many husbands who are otherwise able, willingly sent
their wives to men they considered to be superior. Several heroes and kings
were born in such a way who inherited kingdoms from their mother's husband.
The Jews and Spartans too had this kind of system. This however becomes oppressive
when the woman is unwilling, as some stories testify where the women send maidservants
in their stead]

3. That boy equal by caste whom his mother or his father affectionately
give, or gave in times of distress, to a man as his son, is the adopted son
(Dattak).

4. When a boy who is capable of judging between right and wrong, and
endowed with filial virtues, belonging to the same caste is accepted as a son,
he is called artificial (krittim) son. [here the boy is obviously mature enough
and his parents do not seem to have any role to play].

5. He whom a man receives as his son, [of same caste or not] after
he has been deserted by his parents or by either of them, is called a son cast
off (Apaviddha).

6. If a man buys a boy, whether equal or unequal in caste, from his
father and mother for the sake of having a son, that son is called a son bought
(Kritaka).

7. He who, having lost his parents or being abandoned by them without
(just) cause, gives himself to a man, as his son, is called a son self-given
(Svayamdatta)

8. If a woman abandoned by her husband, or a widow, of her own accord
contracts a second marriage and bears a son, he is called the son of a re-married
woman (Paunarbhava).

9. If a child be born in a man's house and his father be not known,
[i.e., he is born not from niyoga but from his mother having an affair only],
he is a son born secretly in the house (Gudhotpanna or grihaja), and shall be
the legitimate son of the husband of the mother.

10. A son whom a damsel bears in the house of her father, is the son
of an unmarried woman (Kanina) and such offsprings of an unmarried girl belong
to him who weds her afterwards.

11. If one marries, either knowingly or unknowingly, a pregnant bride,
the child in her womb belongs to him who weds her, and is called a son received
with the bride (Sahodha).

12. If there is no son, a daughter can be appointed as a son (Putrika)
or the daughter's son shall be designated as a son (Putrika-Putra). [such designations
can be done through formal rituals, or some say, will be valid simply by wishing
it]

We thus see the ancient scripture-writers were very generous because
they accepted human nature; practically every child born in whatever way was
considered legitimate and entitled to a share in the husband's inheritance.
Naturally the biological son and the daughter/daughter's son, were considered
to have the greatest claim, with the Khetraga usually coming next. Depending
it seems on the age of the shastra, the ranks of the sons vary, with some arguing
that a wife's sons are higher than an adopted son or that only some kind of
sons can actually inherit the husband's property, the rest being only kinsmen.
Arthashastra too records these various types of children and their claims on
property. However, as time passed and women's status degenerated with restrictions
imposed on their sexuality, society became less accepting of such affairs. Moreover,
these various kinds of sons led to intermixing of castes, with the children
born in different castes inheriting the caste of the legal father. Finally,
all kinds of sons, except the son of the body and adopted sons and grandsons
by a brotherless daughter were forbidden by custom, and this injunction had
been followed by Hindu society since.

The above marriages and sons probably explain the development of childmarriages.
Vedic society knows nothing of child-marriages, nor is it mentioned anywhere
in the epics. On the contrary all marriages are between men and women who had
attained puberty. But as we can see from evidence of love-marriages and 'sons
of unmarried women', that adolescent girls were sexually active in their natal
homes. Fear of scandal was a strong impetus in marrying off girls as quickly
as possible, so that the shastras insisted that it is best if a girl is married
even before menstruation. The choice of husbands was possibly another important
factor. The same shastras agree that "three years after menstruation, a
maiden gains overlordship over herself. She is then free to select her own husband
and her parents can have no say, since they had failed to find a suitable match
for her". This meant she often married someone whom her parents would disapprove
of. There is a special term for people who married out of their varna: Anuloma
marriage is when a man of higher caste marries a woman of lower caste, and Pratiloma
marriage is one where a woman of higher caste marries a man of lower caste.
Among conservative families, especially among Brahmins, Pratiloma would naturally
be regarded with abhorrence. Though the practice seems to have been extensive,
scriptures grew more and more harsh towards such unions, declaring that untouchables
are born this way, until it stopped. Yet another kind of marriage is 'Swayamvara'
(selecting one's husband herself), practiced mostly among the warrior-castes
and royal families. A group of suitable candidates would turn up and the bride
would choose among them. Probably she had the right to refuse to marry any as
Draupadi refuses to marry Karna, but it is not certain. In historical times,
Princess Sanjukta chose in this way Prithviraj, whom her father considered his
mortal enemy, though both were kings. Incidents like these obviously made the
parents marry off their daughters still as a child. In the middle ages, as society
became more rigid, child-marriages flourished. Blind reverence for scriptures
and customs prevented parents from questioning it. Waves of Islamic invasions
probably contributed to this impulse as well; if the heathens do carry off your
daughter, it is comforting to know that the 'disgrace' is now the headache of
the husband's family.